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Policy Against Discrimination Harassment Bullying (PER-6, Rev. 7)DEPARTMENT: SUBJECT: REVISION: APPROVED BY: PURPOSE CITY OF DELRAY BEACH ADMINISTRATIVE POLICIES AND PROCEDURES Human Resources POLICY NUMBER:PER-6 Policy Against Discrimination,SUPERSEDES:Rev 6 IVE DATE: Terrence Moore,City Manager The purpose of this document is to set forth the City of Delray Beach's policy prohibiting bullying and unlawful discrimination and harassment and to set out procedures for reporting,investigating and resolving complaints of bullying and unlawful discrimination and harassment. POLICY A.Unlawful Discrimination and Harassment Will Not be Tolerated It is the policy of the City of Delray Beach that all of its employees have the right to work in an environment that is free from unlawful discrimination and harassment. The City of Delray Beach will not tolerate the discrimination or harassment of any individual on the basis of race,color,sex,religion,national origin,age,mental or physical disability,veteran or family status, marital status,sexual orientation,genetic information,gender identity or expression,or any other status or condition protected by applicable federal,state or local laws. All City employees must avoid behavior that constitutes discrimination and harassment based on race, color,sex,religion,national origin,age,mental or physical disability,veteran or family status,marital status, sexual orientation,genetic information,gender identity or expression,or any other status or condition protected by applicable federal,state or local laws.Each employee is individually responsible for assuring that the workplace is free from unlawful discrimination and harassment at all times. B.Workplace Bullying Will Not Be Tolerated It is the policy of the City of Delray Beach that all of its employees have the right to work in an environment that is free from bullying.Workplace bullying refers to the intentional,hurtful,repeated mistreatment of one employee or a group (the target)by one or more employees {the bully,bullies).Such actions create an on-going pattern of behavior that is intended to intimidate,degrade or humiliate the employee(s),often in front of others. The City will take prompt action to prevent such behavior and to remedy all reported instances of bullying and unlawful discrimination and harassment.Each employee is individually responsible for assuring that the workplace is free from bullying at all times. Policy Against Discrimination,Harassment and Bullying PER-6 Rev.7 Page 2 of 5 C.Retaliation Will Not Be Tolerated The City will not permit retaliation against any person who makes a complaint about a violation of this policy,reports a violation or who cooperates in an investigation into a complaint about a violation of this policy.Any person who retaliates against any person is subject to disciplinary action,up to and including termination.Retaliation is defined as adverse employment action such as discharge,suspension, demotion,withholding of bonuses,reduction in salary or benefits,or any other serious and material changes to the terms and conditions of employment taken solely as a result of an individual reporting a violation of this policy. DEFINITIONS 1.Unlawful discrimination is any employment practice where the employer fails or refuses to hire or to discharge any individual,or to otherwise discriminate against any individual with respect to his compensation,terms,conditions,or privileges of employment,because of such individual's race, color,sex,religion,national origin,age,mental or physical disability,veteran or family status,marital status,sexual orientation,genetic information,gender identity or expression or any other status or condition protected by applicable federal,state or local laws 2.Unlawful harassment is any verbal,physical or visual conduct that demeans any individual on the basis of race,color,sex,religion,national origin,age,mental or physical disability,veteran or family status,marital status,sexual orientation,genetic information,gender identity or expression or any other status or condition protected by applicable federal,state or local laws This includes but is not limited to: a.Use of language,slang,slurs or other behavior toward members of the public,fellow employees,or other individuals with whom an employee comes into contact at work or in the execution of their employed duties and responsibilities that is derogatory,demeaning or insulting based on a person's race,color,sex,religion,national origin,age,mental or physical disability,veteran or family status,marital status,sexual orientation,genetic information, gender identity or expression or any other status or condition protected by applicable federal, state or local laws b.Telling or otherwise disseminating jokes that are derogatory,demeaning or insulting based on a person's race,color,sex,religion,national origin,age,mental or physical disability,veteran or family status,marital status,sexual orientation,genetic information,gender identity or expression,or any other status or condition protected by applicable federal,state or local laws. c.Displaying or distributing pictures,greeting cards,articles,books,magazines,photos,drawings, cartoons,caricatures,or similar materials that are derogatory,demeaning or insulting based on a person's race,color,sex,religion,national origin,age,mental or physical disability,veteran or family status,marital status,sexual orientation,genetic information,gender identity or expression,or any other condition protected by applicable federal,state or local laws. 3.Unlawful Sexual Harassment includes but is not limited to: a.Unwelcome sexual advances (including but not limited to subtle or direct pressure to participate in sexual activity,or requests for sexual acts or sexual favors). b.Unwelcome and inappropriate touching and/or language of a sexual nature c.Repeated unwelcome pressure for dates or sexual companionship Policy Against Discrimination,Harassment and Bullying PER-6 Rev.7 Page 3 of 5 d.Physical assault of a sexual nature e.Other verbal or physical conduct of a sexually offensive or harassing nature f.Display,transmission,publication,circulation,or other distribution of letters,phone calls,e-mail, magazines,flyers,posters,or other materials of a sexual nature,including but not limited to offensive jokes of a sexual nature or sexually explicit pictures or images. 4.Workplace bullying includes but is not limited to: a.Verbal assault,including yelling,screaming or offensive language b.Continual belittling opinions or unfair criticism c.Aggressive emails or notes d.Malicious statements intended to degrade or humiliate the employee. e.Derogatory comments or jokes about appearance,lifestyle,background f.Tampering with personal effects g.Undermining another's work performance (sabotage)through direct or indirect action. POLICY -EMPLOYEE RESPONSIBILITIES A.Responsibilities of Individual Employees 1.There are some forms of conduct which are offensive and inappropriate to reasonable persons under virtually all circumstances.Examples of such conduct include but are not limited to,the use of racial or ethnic slurs,or requiring employees to submit to sexual advances to obtain some employment benefit or as a condition of employment.Other forms of conduct are not necessarily offensive or unwelcome to reasonable persons under all circumstances.For example,individuals have different levels of sensitivity to joking in the workplace and different perspectives of what is appropriate language in the workplace.A joke,comment,or rough language that is not offensive to most people may be offensive to one particular person.All employees are required to avoid conduct that a reasonable person could view as offensive or unwelcome.In addition,in order to assure that employees with different levels of sensitivity to jokes,similar comments or rough language do not inadvertently offend more sensitive co- workers,all employees are to notify their co-workers or supervisor of conduct that they view as offensive or unwelcome. 2.All employees are required to refrain from bullying type behavior and conduct themselves in a civil manner while at work.Employees are expected to treat other employees with respect. 3.Any employee who believes they have been discriminated against,harassed or bullied in violation of Section 6.1 of this policy is required to report the problem immediately to their supervisor or Department Head.If uncomfortable in reporting to their supervisor or Department Head,then to the Director of Human Resources.The Department Head will advise Human Resources of the situation as soon as any incident has been reported.If the complaint involves the Department Head,the employee is to contact Human Resources directly.If the complaint involves a supervisor or manager in Human Resources,the employee should contact the Assistant City Manager.Employees can report concerns or complaints verbally or by filing a written complaint. 4.All employees are required to cooperate fully in any investigation. Policy Against Discrimination,Harassment and Bullying PER-6 Rev.7 Page 4 of 5 5.If an employee is not satisfied with the action taken by the Department Head (or other member of management initially contacted)regarding the concern or complaint,employees should bring the matter to the attention of the Human Resources Director or the City Manager. B.Responsibilities of Management 1.All supervisors and managers are required to follow employment practices that protect employees from discrimination because of the individual's race,color,sex,religion,national origin,age,mental or physical disability,veteran or family status,marital status,sexual orientation,genetic information, gender identity or expression,or any other status or condition protected by applicable federal,state or local laws. 2.All supervisors and managers are required to monitor the work environment on a daily basis to assure that there are not indications that unlawful harassment or bullying is occurring. 3.All supervisors and managers are required to intervene and promptly stop any observed action that may be considered bullying or unlawful harassment. 4.All supervisors and managers are required to report any act of harassment or bullying of which they become aware,to the Department Head,to the Human Resources Director,or the City Manager. COMPLAINT PROCEDURE A.Employees are required to report a complaint or concern to management under the following circumstances: 1.The employee believes that he or she has been subjected to discrimination or harassment based on his or her race,color,sex,religion,national origin,age,mental or physical disability,veteran or family status,marital status,sexual orientation,genetic information,gender identity or expression, or any other status or condition protected by applicable federal,state or local laws. 2.The employee believes that he or she has been subjected to bullying. 3.The employee hears a co-worker complain about bullying or unlawful discrimination or harassment or observes behavior that would violate this policy. B.Complaints normally are made to the immediate supervisor or Department Head.However,in the event that the employee is uncomfortable reporting it to the supervisor or Department Head,the person raising the complaint should bring it to the attention of the Human Resources Director.If the complaint involves a supervisor or manager in Human Resources,the employee should contact the Assistant City Manager. C.Complaints are made in writing using the Notice of Complaint Form obtained from Human Resources. D.Any Supervisor or Department Head who receives a complaint of bullying or unlawful discrimination or harassment or otherwise becomes aware of such behavior must immediately notify the Human Resources Director (or Assistant City Manager if the complaint involves a supervisor in Human Resources).The Human Resources Director (or Assistant City Manager)or designee shall perform a review of the complaint based on their initial interview with the complainant.The outcome of the review could result in: Policy Against Discrimination,Harassment and Bullying PER-6 Rev.7 Page 5 of 5 •The employee being directed to follow the grievance procedure outlined by the applicable collective bargaining agreement or Personnel Policies and Procedures Manual. •Mediation between the complainant and the subject of the complaint,facilitated by Human Resources or an independent consultant when deemed appropriate. •An investigation into the complaint conducted by the Human Resources Director or designee. In the event the investigation shows that an individual has acted improperly in violation of this policy,the City will take prompt action to stop the behavior and resolve the matter,including taking disciplinary action. E.When deemed necessary by the Human Resources Director,management will ensure that the complainant and the subject of the complaint are separated so that the contact between the two is kept at the lowest level possible.In reviewing requests to move an employee because of or during an investigation,the Human Resources Director will consider whether the alleged misconduct poses a risk to the employee and the severity of the allegation. F.All complaints will be kept as confidential as possible under the applicable law. DISCIPLINARY ACTION Employees who are found to have engaged in discrimination or harassment based on race,color,sex, religion,national origin,age,mental or physical disability,veteran or family status,marital status,sexual orientation,genetic information,gender identity or expression or any other status or condition protected by applicable federal,state or local laws,or workplace bullying,will be subject to disciplinary action,up to and including termination. Any member of management who fails to report complaints of bullying or unlawful discrimination or harassment,or who intentionally fails to take appropriate action to stop such behavior will be subject to disciplinary action up to and including termination of employment. Any employee who fails to report incidents of bullying or unlawful discrimination or harassment is also subject to disciplinary action,up to and including termination of employment. Non-employees who violate this policy will be required to leave the City premises. TRAINING It is the policy of the City of Delray Beach that every employee be made aware of their protections and responsibilities regarding bullying and unlawful discrimination or harassment.The City will conduct regular training regarding this policy.All new employees will be provided a copy of the policy and will receive training as part of their new employee orientation.All employees will be required to attend a refresher training once every three years. Policy Against Discrimination, Harassment, Bullying PER- 6, Rev. 6 Page 8 Appendix 1 Notice of Complaint of Discrimination, Harassment, Bullying, Retaliation Name: __________________________________________________________ Date: ___________________________________________________________ Email address: _______________________ Department: ________________ Phone Number: ______________________ Supervisor: _________________ Nature of Complaint: (please check box for each that applies) □ Race/Color □ Sex/Gender □ Religion □ National Origin □ Age □ Retaliation □ Bullying □ Other_________ Date of Incident: ________ □ Continuing Action (check if behavior is ongoing) Particulars of Complaint: ________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Signature ___________________________ Date_______________________ Submit this form to Human Resources, your Supervisor or your Department Head. HUMAN RESOURCES: Date complaint received _____________________ Date Investigation Initiated: __________________ Date Investigation Concluded: _______________ Conclusion: □ substantiated □unsubstantiated □ inconclusive Recommended Action: